（Jing Gao Fa[2018] No.529, effective from August 21,2018）

In order to thoroughly carry out the central government's decision-making arrangements for resolving difficulty in enforcement, promote the enactment of Opinions on Accelerating the Construction of Credit Supervision, Warning and Disciplinary Mechanisms for Dishonest Persons subject to Enforcement by the General Office of the Communist Party of China and the General Office of the State Council of the People's Republic of China, and Opinions on Supporting the People's Courts to Solve the Difficulties in Enforcement and Strengthening the Judicial Credibility by Office of Beijing Committee of the Communist Party of China and the People's Government of Beijing City, safeguard the legitimate rights and interests of the parties, establish judicial authority, and promote the construction of a social credit system, Beijing High People's Court, People's Procuratorate of Beijing Municipality, Beijing Municipal Public Security Bureau and Beijing Municipal Bureau of Justice has reached the following opinions on the work of jointly inquiring and controlling persons subject to enforcement, fighting against crime of refusing to execute judgments or orders.

I. Jointly Inquire Related Information of Persons Subject To Enforcement

Article 1 Due to the need for the enforcement of the case, the people's courts shall inquire the following information of the person subject to enforcement according to law:

(I) Identity information (including name, used name, gender, date of birth, place of domicile, temporary residence, citizenship number, photo, etc.);

(II) Entry and exit certificate information and entry & exit information (including name, gender, date of birth, name of all certificates, certificate number, photo, time of entry and exit, name of the country or region visited, contact number registered);

(III) Vehicle registration information (including vehicle license plate number, vehicle brand, model, type, vehicle identification number, registration authority and registration date, mortgagee, name of seizure authority, name of seizure instrument);

(IV) Hotel accommodation information (including check-in time, check-out time, hotel name, accommodation address, contact number registered).

Article 2 If the above information can be inquired through the Internet, the people's court shall obtain it directly from the network.

If the inquiry cannot be made through the Internet, the people's court shall issue a letter of assistance in inquiring information, and the public security organ shall provide assistance on the spot. If the information feedback cannot be made on the spot, the public security organ shall complete the inquiry within three working days and report the inquiry results to the people's court in written form.

Article 3 If the people's court needs to inquire about the information of the family members, legal attorney, etc. of the person subject to enforcement and household registration information on the house property to be disposed, then it shall be handled in accordance with the provisions of Articles 1 and 2.

II. Jointly Find and Control Persons Subject To Enforcement

Article 4 For cases with major difficulties in enforcement, if the people's court considers that it is necessary to find the person subject to enforcement, or legal attorney, the principal responsible person, the person directly responsible for the debt performance, actual controller, etc., then a letter of assistance in finding relevant personnel shall be issued to the public security organ. The public security organ shall promptly notify the people's court upon finding the information on the whereabouts of the relevant personnel.

Article 5 If the court decides to let the person refuses to execute the judgment and rulings award subject to judicial detention, while his/her whereabouts are unknown, and it is necessary for assistance in investigation and control by the public security organ, then the people's court shall issue a letter of assistance in investigation and control, and a decision on judicial detention to the public security organ.

The public security organ shall, upon finding relevant personnel, promptly notify the people's court, and the people's court shall immediately dispatch relevant staff to the scene to handle the handover procedures.

If the public security organ has found the information on the whereabouts of the relevant personnel, but is unable to take measures due to other reasons, it shall promptly report the whereabouts of the above-mentioned personnel to the people's court.

Article 6 In case the people's court has found the whereabouts of the person subject to enforcement, it shall promptly notify the public security organ in written form to revoke the investigation and control.

III. Jointly Fight against Crime of Refusing To Execute Judgments or Orders

Article 7 The people's courts may, in the process of enforcing judgments and rulings, sentence judicial detention on those who refuse to execute the judgments or rulings in advance.

Upon judicial detention, if the people's court considers that criminal responsibility is not required, then it shall be dealt with in accordance with the relevant laws and regulations on civil enforcement; if it is deemed necessary to pursue criminal responsibility, the case of refusing to execute the judgments or rulings, and the suspected criminal shall be transferred to the public security organ with jurisdiction according to law within three working days before the expiration of the judicial detention period. Public security organs shall accept and take compulsory measures according to law.

Article 8 When a people's court transfers a case to a public security organ, the basic information of the perpetrator suspected of refusing to execute judgments or orders and relevant evidence materials shall be also be transferred, including:

(I) Letter of Case Transfer;

(II) Effective legal instruments;

(III) Description of the enforcement of the case;

(IV) Evidence materials for committing a crime of refusing to execute judgments or orders.

Article 9 If it is found that the evidence is complete and that it is in conformity with conditions for filing a case, then the public security organ shall take the case that is suspected of committing a crime of refusing to execute judgments or orders transferred by the people's court within seven days for investigation. If the case is materially difficult, the time limit for filing the case may be extended to thirty days; if it is believed that it meets the conditions for filing a case, but it is insufficient in corresponding evidence materials, then the public security organ shall notify the people's court to make the supplement within the specified time limit; if it is deemed that it doesn't meet the conditions for filing a case, then a notice on non-filing of a case shall be prepared within the time limit for filing the case, then given to the people's court within three days.

Article 10 The People's Procuratorate shall promptly review and make a decision on the case in which the public security organ requests approval for arrest or transfer for prosecution.

If the People's Procuratorate believes that the criminal facts of the criminal suspect have been ascertained, and the evidence is true and sufficient, and criminal responsibility shall be investigated according to law, then a decision of prosecution shall be made and a public prosecution shall be filed in accordance with the law of the people's court with jurisdiction.

Article 11 After the people's court accepts a case suspected of refusing to execute judgments or orders, a trial shall be conducted and a judgment shall be made promptly.

Article 12 In a private prosecution case, the public security organ shall be responsible for the execution of the arrest decision made by the people's court on the criminal suspect who meets the conditions for arrest.

Article 13 The judicial administrative organ shall increase the education efforts for the person subject to enforcement who have been sentenced to refuse to execute the judgment or ruling, and urge them to plead guilty, show repentance and voluntarily perform their legal obligations.

Article 14 In case of handling cases of obstruction of public services, cases of illegally dispose of seized, detained or frozen property, public security organs, people's procuratorates and people's courts shall handle it in accordance with relevant procedures of the Opinions regarding cases for refusal to execute judgments and rulings.

IV. Other Works Necessary for Joint Efforts

Article 15 In case of obstructing or refusing the execution of the people's court by violent or threatening methods, the public security organ shall, after responding to the report, immediately dispatch police officers and dispose of it according to law.

When the people's courts carry out enforcement activities for a large-scale case, an implementation plan shall be formulated and a local public security organ shall be notified. If the public security organs are required to maintain order at the scene and prevent violence against the law, the public security organs shall send police officers to the scene.

Article 16 The public security organ shall, upon discovering the vehicles seized by the people's court pursuant to law in the course of daily law enforcement such as road inspection and temporary inspection, notify the people's court in time. The people's court shall immediately dispatch police officers to the scene to handle the handover procedures.

The public security organ shall notify the people's court in time if it discovers the above-mentioned vehicles during the process of handling the annual inspection and transfer registration of the vehicle.

Article 17 The people's court regularly pushes information on persons who have been taken to restrict consumption measures to the city's units of the hotel industry (including reception, accommodation, as well as bathing places) through public security organs.

Article 18 The people's courts shall increase the application of the entrusted attorneys' investigation system during their execution. Except for the evidence that is clearly stipulated by laws and judicial interpretation to be investigate and collect by the people's court, the people's court can issue the entrusted investigation order to the execution applicant's attorney upon his/her application. The attorney may investigate the property status and actual performance of the person subject to enforcement by holding the investigation order.

The judicial administrative organ shall supervise and provide guidance on the practice of lawyers accepting entrusted investigations.

V. Supplementary Provisions

Article 19 The "judgments and rulings" mentioned herein refer to the judgments and rulings made by the people's courts with content of enforcement and have taken legal effect. The ruling of the people's court for the enforcement of the payment order, the effective mediation, the arbitration award, the notarized creditor's rights, etc., is subject to the ruling prescribed in this article.

Article 20 Work of joint inquiring and controlling persons subject to enforcement and fighting against crime of refusing to execute judgments or orders by the public security organ involved in the Opinions shall be handled by the public security organ at the local level at the location of each people's court.

Article 21 Beijing High People's Court, People's Procuratorate of Beijing Municipality, Beijing Municipal Public Security Bureau and Beijing Municipal Bureau of Justice shall, under the unified guidance and arrangement of Commission of Politics and Law of Beijing Committee of the Communist Party of China, promote the construction of an information sharing platform in a timely manner.

Article 22 The Opinions will be promulgated as of the date of issuance. The problems encountered during the enforcement process, disputes and other matters requiring coordination shall be separately resolved by Beijing High People's Court, People's Procuratorate of Beijing Municipality, Beijing Municipal Public Security Bureau and Beijing Municipal Bureau of Justice through negotiation.